The Crime of Estafa

With the arrest of Delfin Lee in connection to the syndicated estafa he faced, some of us, I guess, would be asking what constitutes the crime of syndicated estafa.

To answer this question, we have to discuss first the elements and kinds of estafa cases.  The Revised Penal Code has defined the crime of estafa and as well as provided elements of this crime.

The Crime of Estafa:

Estafa or otherwise knows as SWINDLING is a criminal offense wherein one person defrauds another by means of:

1.  Unfaithfulness or Abuse of Confidence

2.  False Pretenses or Fraudulent Acts

3.  Fraudulent Means

Estafa Through Unfaithfulness or Abuse of Confidence:

1.  By altering the substance, quantity, or quality of anything of anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration;

2.  By misappropriating or converting, to the prejudice of another, money, goods or any other personal property received by the offender in trust, or on commission, or for administration, or under any obligation involving the duty to make delivery of, or to return the same, even thought such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property;

3.  By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or any third person;

Estafa by Means of False Pretenses or Fraudulent Acts:

1.  By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or by means of other similar deceits;

2.  By altering the quality, fineness, or weight of anything pertaining to his art of business;

3.  By pretending to have bribed any Government employee, without prejudice to the action for calumny, which the offended party may deem proper to bring against the offender.  

4.  By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check.  

5.  By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at a hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation.

Estafa Through Fraudulent Means:

1.  By inducing another, by means of deceit, to sign any document;

2.  By resorting to some fraudulent practice to insure success in a gambling game;

3.  By removing, concealing, or destroying, in whole or in part, any court record, office files, document, or any other papers. (Revised Penal Code)

In all estafa cases, what are important to establish:

1.  Fraud

2.  Resulting Damage or intent to cause damage capable of pecuniary estimation.

Note:  There is no estafa if:

1.  No damage caused; or

2.  No intent to cause damage; or

3.  The damage caused or the intended damage cannot be capable of pecuniary estimation.

To qualify as syndicated estafa:

The estafa must be committed by five or more offenders, otherwise, the case shall be a plain estafa.

References:  http://www.mylawyer.asia/node/16 and the Revised Penal Code on the provision of estafa.